Are There Age Limit Regulations for Subcontractors After a Minor Injury Incident?

Today in our factory, an incident occurred while a subcontractor was performing civil work. A minor injury took place, and the injured person is 60 years old. I would like to know if there are any regulations that impose an age limit. Our management raised concerns about the older age of the individual involved in the incident. Please let me know if you need any further details.

Thank you.

There is an age limit of 58 or 60 years; everyone has to retire. I hope there is no age limit in the private sector. If it is labor work, do not risk recruiting people who are over 50 years old and say that we should always be in a safe zone.

The age limit is fixed as per the work demands. If the work involved is laborious, then the organization can reduce the age limit according to the requirements. Normally, if the worker maintains good health and physique, you can engage them after they complete the pre-employment medical examination. According to the Building & Other Construction Workers Act, workers engaged must undergo a Periodical Medical Examination every two years if they are below 40 years of age. For those above 40 years of age, they have to undergo a Periodical Medical Examination every year.

Those who are performing only advisory duties can be employed even up to 70 years.

Hi Vaibhav,

I do not know the upper limit to determine if a person is eligible. My viewpoint, however, is that if you are employing a person, it is the company's responsibility for the safety and accidents that occur in the workplace. How is life related to age? Just because a person is old does not mean their life is any less valuable than that of young people. I believe that when management did not consider age when recruiting him and assigning tasks, how do they justify bringing the age factor into consideration when compensating someone for a workplace accident?

It might not be mandatory as per the rule, but don't you think out of goodwill, if the company at least pays for the medical bills and provides some compensation, it would really make them look good in the eyes of the staff they're working with?

Just a thought.

I appreciate Ms. Ankita Shah's opinion. As the accident has already occurred, it's not the time for the management to formulate a maximum age policy right now. A workman involved in an on-duty accident must be given all treatment, Workers' Compensation (WC) as per the WC Act of 1923 or ESI, whichever is applicable, and reports and benefits under the Factories Act of 1948 or the Building & Other Construction Workers (RE&CS) Act of 2005, whichever is applicable.

Need for a Maximum Age Policy

Yes, a maximum age policy, either 58 or 60, is necessary to ensure compliance with the Safety and Occupational Health provisions of the applicable acts/rules. However, this must be incorporated into the rules/agreements for future guidance.

Compensation and Liability in Workplace Injuries

It is simple that if any person working in any establishment gets injured, they should be compensated. Pay compensation and deduct it from the contractor. Always inform the contractor about this matter. Finally, you must understand that it is the liability of the principal employer to compensate the injured person.

Age Limit Considerations in Employment

There is no upper age limit for working anywhere; however, it is at your discretion to keep such an age group person in your establishment or not. If you decide to keep them, you have to bear all consequences. Suppose a person dies in a factory, the police will be involved, and the matter will become complicated.

Understanding Employment Principles

The basic principle of employment should be understood first. Child labor is prohibited, but not for the elderly. However, it is up to you to decide on the employment of the upper age group.

Regards,
Satish Verma Nashik